A STATEMENT OF BEER ADVERTISING – MISLEADING

Based on the findings of the completed investigation the Competition Council passed a decision concerning the compliance of actions of AB Kalnapilio-Tauro grupė with the requirements of Article 5 of the Law on Advertising. The statement „2.3 l for a price of 2 l“ printed on certain bottles of the Tauras brand beer was recognised by the Competition Council as misleading and the producer AB Kalnapilio - Tauro grupė was obligated to immediately cease the advertising of the kind unless the correctness of the statements could be ensured. A LTL 3,000 fine was imposed upon the company for the violation of the Law on Advertising. When fixing the amount of the fine the Competition Council considered the fact that the advertising was not disseminated in the press, TV or radio channels, but rather was merely used on the beer bottle labels.

The Competition Council launched its investigation in response to the request lodged by the Vilnius State Food and Veterinary Service. In the period from October 2005 until February 2006 AB Kalnapilio - Tauro grupė was conducting the advertising campaigns of the Taurusis brand of 5.2 % alcohol by volume of Tauras beer, and in the period from 21 February to 10 March 2006, – the advertising campaigns of the Tradicinis brand (6 % alcohol by volume) and Pilsneris brand (4.6 % alcohol by volume) of Tauras beer. During the campaigns the note on the bottles of the brands of beer concerned read „2.3 l for a price of 2 l“. The finding of the investigation allowed a conclusion that AB Kalnapilio – Tauro grupė failed to ensure the correctness of the statement on the bottles of Tauras beer. In the trading outlets the beer thus labelled was sold at a higher price than indicated in the advertising campaigns.

Such actions of the company could mislead the consumers by inducing them to buy the Tauras beer promoted as the consumers were reasonably expecting to be paying the price of 2 litres for a bottle of 2.3 litres of the beer of the kind. It is quite probable that knowing the real price of the beer the consumer could have opted for the beer of a different brand, volume or even that of a different producer.